While most of the suits cite previous incidents at the theater that should have prompted Cinemark to beef up security there, Moser's suit is unique in that it notes 26 incidents of shootings, stabbings and armed robberies at movie theaters across the country. It also mentions an FBI news release that notes al Qaeda-linked terrorists — including Aurora's Najibullah Zazi — had considered targeting movie theaters for attacks.

The "Defendants knew or should have known there was a danger that a customer or customers at the Century 16 theater complex might be subjected to a violent act on the premises," Moser's suit states.

The lawsuit also points to evidence presented thus far in the case against the accused Century 16 gunman, James Holmes. According to testimony at Holmes' preliminary hearing, authorities believe Holmes conducted surveillance on the theater and took pictures of the exit door he is believed to have propped open to re-enter the theater just before he started shooting.

Prosecutors also played video surveillance footage of Holmes entering and walking around the theater's lobby the night of the attack. The theater did not have security guards on duty the night of the shootings.

"The gunman would not have gone forward with his attack on the Century 16 theater complex if he had seen armed security personnel at the theater complex that night," Moser's suit alleges.

Holmes is accused of killing 12 people, including Moser's daughter, Veronica, and wounding dozens more in the attack on the theater. Moser was left paralyzed by the gunfire. Her unborn child also was killed.

Moser's suit joins 10 others against Cinemark pending in federal court in Denver. The others are currently scheduled for trial in 2014 and 2015.

John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold

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